WAZIR SAHU Vs. MUNSHI DAS

JUDGEMENT

(1.) This is an appeal from a decision of the learned subordinate Judge at Patna, dated 11 March 1939, modifying a decision of the Munsif at Barh, dated 28th, April 1938. The learned Munsif dismissed the suit but without costs. The subordinate Judge upheld the dismissal and allowed costs to the defendant. Hence this appeal by the plaintiffs. The suit was for recovery of Rs. 1116-12-3 besides interest in pursuance of a judgment passed by the French Court at Chandernagar. The appellants Wazhr Sahu and Kara Sahu are members of a joint family and carry on business at Chandernagar. They are also partners with one Rameshwar Prasad in a firm Karu Sahu Rameshwar Prasad carrying on business at Barh in Patna District. The defendant Munshi Dass is described as the sole owner of a firm Munshi Dass Gopichand.

(2.) On 13 July 1933 the appellants brought a suit for damages in the French Court for breach of a contract made with the defendant for the supply at Chandernagar of castor oil cakes. The plaintiffs contended that they had advanced earnest money and gunny bags and they claimed Rs. 637 as damages for breach of contract, Rs. 72 for earnest money and Rs. 91 as price of the empty bags. On 10 March 1934, they obtained an ex parte decree in Chandernagar for Rs. 800 odd, besides costs and interest (judgment Ex. 3). On 26 May 1934, in accordance with the procedure of the French Courts the defendant was notified of this decree.

(3.) On 26 June 1934 the defendant filed what is known in French procedure as an "opposition" a proceeding partaking of the nature of a rehearing application but apparently wider in scope, since upon such application the French Courts reconsider the case on the merits, and do not confine themselves to the, question whether process had been properly served. On 23 March 1935, the application in opposition was rejected, and the ex parts decree was confirmed: vide Ex. 3a.